CAO Condo Owners' Guide.pdf

Condo Owners’
Guide
CAO | Engaging and empowering Ontario’s condominium communities
Condominium Authority of Ontario
2023

2
CAO | Engaging and empowering Ontario’s condominium communities 2
Your rights &
obligations
The Condominium Authority of Ontario works to foster harmonious condo communities by providing
information, education, and dispute resolution.
This resource provides condo unit owners with important information on how they can understand
their investments and contribute to their condo community. You will learn about:
About this guide & CAO
Condo
Governance
Fees & finances
Participating in
your community

Table of Contents
Intro to condo living ………………………………………… 5
Governance: How decisions are made ………………….. 13
Finance essentials for owners ……………………………. 19
Annual General Meetings …………………………………. 24
Repairs & maintenance ………………………………….... 27
Solving common issues & the Condo Authority Tribunal . 32
Tools and templates ………………………………………. 36

Intro to
condo living

5
A “condominium” is a specific type of real
estate ownership structure
• You have not just purchased your unit, but an
interest in the common elements of the condo
corporation
• You must share the costs of maintaining the
corporation
• This guide is focused on residential condos.
Learn about other types
What is a condo?
Intro to condo living

6
• This is everything in your condo that is not
your or your neighbours’ unit
• Some common elements are “exclusive
use,” such as your balcony
• Everything in schedule C in most
declarations is part of your unit. Everything
not listed there is a common element
• In most cases, schedule F has information
on exclusive use common elements
Common elements
You can request records
like the declaration and
other governing docs from
your condo corporation.

7
Condo living expectations
What to love What to be aware of
Predict monthly home expenses
Likely to reduce your daily home
maintenance effort – no shovelling
or mowing the lawn!
Volunteer to join your condo board
and shape your community
Enjoy amenities and services like
swimming pools, gyms, communal
outdoor areas, party rooms, if
available
You may not always agree with your board
Share in the upkeep of the community through condo
fees
Pay any special assessments
Resolve normal condo living issues like noise and
odour collaboratively
Comply with your condo’s governing documents, which
may place restrictions on short-term rentals, parking,
pets, etc.

8
• Attend and vote at owners’ meetings
• Requisition an owners’ meeting with the help of other
owners to discuss topics important to you
• Stand for election to your condo board if you meet the
criteria outlined in the Act & governing docs
• Access and use the common elements and amenities in
accordance with the Act & governing docs
Owners’ community rights

9
• Access most condo records, excluding anything that
contains personal, employee or litigation info
• Review the financial health of your corporation through
periodic information certificates and financial statements
• Owners are generally not entitled to records about other
units or unit owners. Some exceptions include:
 Record of Owners and Mortgagees
 Record of Notice of Leased Units
Owners’ information rights

10
Owners’ responsibilities
• Learn about your corporation and check
your condo's governing documents
• Attend important meetings so you can understand
your corporation’s decisions
• Respect your volunteer board of directors
• Find productive ways to share your concerns
Owners that show civility,
compromise and patience with
their neighbours will find
their communal living experience
more enjoyable
Leasing your unit? Check out
CAO’s Guide for Residential
Condominium Tenants and
consider giving it to your tenants
as well

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• Comply with the Condo Act and your corporation’s
governing documents.
• Maintain your unit as per Act & governing docs
• Provide notice within 10 days of signing a lease with a
tenant
Owners’ legal duties
• Pay your condo fees on time or risk a lien on your unit
Sec. 84 (1) of the Act Sec. 85 of the Act

Governance:
How
decisions are
made

13
• Maintain the financial health of the corporation
• Ensure owners receive information certificates, plan for future
funding, financial reports, etc.
• Maintain & repair common elements & assets
Owners elect boards who:
Boards may delegate
some of these duties to
managers. Check out
CAO’s Best Practices
Guide: Overseeing Condo
Managers for more info.
• Respond to owner concerns
• Disclose conflicts of interest
• Ensure compliance with governing
docs and the Act

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• Outline how the corporation works
• The governing docs, in order of hierarchy,
are:
• The declaration
• The by-laws
• The rules
• Must align with the Condo Act & each
document can’t contradict the one higher in
the hierarchy. By-laws and rules must be
reasonable
Governing docs
Governance

15
The declaration
• The foundational doc – like a charter
• Lists the units, proportions of common
expenses each unit is responsible for,
repair and maintenance responsibilities
and other important provisions
• Difficult to change; requires 80 or 90 per
cent of voting units to consent in writing,
depending on the type of change
Governing docs
Governance

16
The by-laws
• Determine the corporation’s operations, including:
• Board election, size & responsibilities
• Assessment & collection of condo fees
• Definition of the ‘standard unit’
• Processes or permissions, e.g., if the corporation
can borrow money
• Voted on by the board & owners - changes must be
registered with the Land Registry Office
Governing docs
Governance

17
Rules
• Must promote safety, security and welfare of the
condo community or prevent unreasonable
interference with owners' enjoyment of the condo
• Govern day-to-day activities, such as:
• Allowable pet type, size, etc.
• Quiet hours, emergencies, fire and safety
• Parking, storage, garbage collection
• Learn about how rules are created
Governing docs
Governance

18
• Outside of the governing docs.
• Bring consistency and transparency to operational
processes, such as:
• Elevator booking procedure
• Party room booking procedure and fees
• Workplace and harassment policy
• Created and amended by the board
• Cannot place new requirements or restrictions
on owners – as this is covered by the governing
docs
Policies
Governance

Finance
essentials
for owners

20
Monthly condo fees are usually based on your
condo’s yearly operational budget
• Each unit pays a proportion as may be outlined in
Schedule D of your declaration
• Used to pay for common elements
Chargebacks
• Used to cover costs due to an act or omission
• Example: Your guest damages your unit’s door.
The corporation repairs it & charges you the cost
• Chargeback scenarios are described in the Act &
governing docs
Common expenses
Finance essentials for owners

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• These are extra contributions used to cover
shortfalls in your corporation’s budget
• Corporations may need to levy these to top-up
reserve funds or cover unforeseen expenses
• Corporations should inform owners of reasons for
a special assessment
• Owners should also be mindful that delaying a
major expense, such as repairs, may be
dangerous and costly. Fee increases may be
necessary to avoid special assessments.
Special
assessments

22
• Must be used to pay for major repairs or replacements
of common elements and assets
• Planned for through the Reserve Fund Study and Plan
for Future Funding
• Studies must be completed every three years by a
qualified professional such as an engineer or architect.
Reserve Funds
Plan for Future Funding
• This is what determines the amount owners pay
to the reserve fund.
• The board must create it within 120 days of
receiving the Reserve Fund Study
• Owners receive a copy within 15 days of plan
being proposed that includes:
• Summary of Reserve Fund Study
• Summary of the plan
• Statement indicating the areas, if any, in
which the plan differs from the reserve fund
study.
Check out sections
93 and 94 of the
Act for more
Read CAO’s Best
Practices Guide:
Ensuring Healthy
Reserve Funds

23
Assess your condo’s financial health by reviewing:
• Section 4 of the Periodic Information Certificate:
shows if the budget is in a deficit & any anticipated
reserve fund expenditures for the current fiscal year
• Documents sent with AGM notices such as Audited
Financial Statements and Auditors Report
• Plan for Future Funding
Getting involved
Learn more: CAO’s
Best Practices Guide:
Finance
Owners can submit
a request for
records to access the
full reserve fund study.
Do I get a say in my condo’s financial decisions?
• Owners do not vote on every financial decision
but can work together to requisition an owner’s
meeting and provide feedback
• Owners may choose to elect new directors to
manage the condo’s finances differently
• In extreme circumstances, owners can remove
one or more directors if they have concerns with
the decisions they are making.
Things to watch for:
 Unexplained fee &
operating increase?
 Recent assessments?
 Details in the information
certificates?
 Upcoming projects?
 Any lawsuits?

Annual
General
Meetings

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• Annual opportunity to discuss important condo
business
• Must be held within six months of the
corporation's fiscal year-end
• Activities include appointing an external auditor,
presenting audited financial statements to
owners, electing directors, discussing repairs or
events
What are AGMs?
Annual General Meetings
See sec. 45 (2) of the Act
for more information

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Annual General Meetings
You should attend AGMs to:
• Understand the financial health of the corporation
• Ensure the corporation's
complying with requirements
Be mindful of requirements relating to:
• Quorum – how many owners and directors are
needed to make decisions
• Proxies – how owners delegate voting
• Notices – see chart on the right
• Disclosures – mandatory for conflicts of interest
AGM essentials

Repairs &
maintenance

28
• If applicable, review your condo's declaration for:
• Schedule C: boundaries of unit
• A repair and maintenance section will describe both
the owner and corporation's obligations.
• Owners are generally responsible for repairing &
maintaining their unit and the corporation the common
elements
• If applicable, improvements to a unit are the
owner's obligation to repair and insure. Improvements
are anything not included in the standard unit definition
Board & owner responsibilities

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Repair responsibilities
may include:
• Flooring
• Paint, wallpaper
• Furniture, shelving
• Light fixtures, taps
What can owners change or repair?
Repairs and maintenance
Check your governing docs and see sec. 89, 90, 98 of the Act
Your corporation
may be responsible
for:
• Balconies
• Exterior doors
• Flooring, walls
Renovations:
• Check your governing
docs & with your board
before you begin
• Owners may be able to
renovate parts of their unit

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Before accidents, repairs or maintenance:
• Get personal condo insurance that covers
decorative elements, improvements and
accidents
• Use licensed electricians, plumbers or
contractors
• Book the elevator or other access points in
advance to transport equipment
• Understand work may only take place outside
of quiet hours
Best practices
Repairs and maintenance

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• Corporations must have insurance for damage due to fire, floods and other
major perils
• Owners are notified of changes to their condo’s insurance policies through
Information Certificates – make sure to review these!
Insurance and deductibles
Are you responsible for your corporation’s deductible?
Most insurance policies require that you pay a lump sum called a
deductible before funds can be released. You may be required to pay part of
your condo’s deductible as well as your own in case of an accident. Speak to
your broker after reviewing your condo’s insurance deductible by-laws.

Solving common
issues and the
Condo Authority
Tribunal

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Solving common issues
Solving common issues and the CAT
Settlement
Agreements Condo Managers Harassment Infestation Light
Noise Odours Parking & Storage Pets & Animals Records
Short-Term Rentals Smoke & Vapour Vehicles Vibration
The CAO provides tools and templates to help owners resolve issues before they escalate. Click on the
underlined text below for more:

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An online Tribunal that uses a quick & affordable 3-step process of negotiation, mediation & adjudication
and can accept cases about:
Condominium Authority Tribunal
Records
• You are being denied access
• You are being asked to pay too much
• Your corporation’s records are inadequate
Compliance with Settlement Agreements
• You and another party agreed to a settlement
agreement in a previous CAT case but the other
party did not comply with it within the last six months
Unreasonable nuisance related disputes
• Your neighbour's or corporation’s behaviour is interfering
with the reasonable enjoyment of your condo because of:
Governing document related disputes
• You can file a case if someone in your condo is not
complying with the governing documents, the
documents are defective or there’s a dispute about
compensation related to these issues:

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Tribunal Process
Here’s what you need before you begin:
• Create a CAO account
• Identify anyone else who is joining the case
with or against you
• Read the information on the CAO’s website
about your issue
 CAT Guide to Respondents and Intervenors
The CAT cannot accept cases filed against
condo managers. Visit the Condominium
Management Regulatory Authority site instead.

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Legal resources for owners
Legal Expense
Insurance
Legal Advice
Legal Information
Resources
A lawyer or paralegal from one of these low-cost options in your area may be
able to help you with legal advice:
The Law Society of Ontario Pro Bono Ontario JusticeNet
Other options that can help you understand or prepare for a legal matter
include:
Legal Line Community Legal Education Ontario
Legal Expense Insurance may partially or fully cover you against costs
associated with legal action and advice. Check with your broker.

Tools and
templates

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New owner’s checklist
Tools and templates
Start by getting to know your board, managers and neighbours! You should also:
Check the CAO's Condo Calendar App & review your condo's annual requirement deadlines
Check the CAO’s Condo Registry to find general information on your condo
Ensure tenants are familiar with obligations in the governing documents
Plan and attend any condo community events
Sign up for any condo community newsletters or publications
Consider completing the CAO’s director training to learn more about condo governance
Consider joining the board – check with directors for any vacancies

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Emergency checklist
Tools and templates
Prepare yourself with these steps:
• Ensure your corporation has the latest contact info for you and your tenants
• Learn your building’s Fire Safety Plan - if required by the Fire Code
• Know your evacuation route
• Get assistance with mobility challenges, if needed
• Know where the resident assembly point is for different emergencies
• Keep a few days of non-refrigerated, canned essentials on hand
• Buy a fire extinguisher
• Know the locations of the water shutoff valve and electrical panel
• Know how important updates will be communicated to you
Prepare a “go bag”
What would you need for 2-3 days?
• Extra warm clothes
• Prescription medication
• Contacts for your loved
ones, condo board and
management
• Phone charger
• Portable battery charger
• Flashlight
• Batteries
• Reheating blanket
• Cash

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Condo boards and training
• In most cases, board directors must
complete CAO training within 6 months
• This training is also available to owners
anytime at no cost:
Further reading on board governance
& training
Training
Board director training
Condo governance
Overseeing condo
managers
Emergency
preparedness
Finance
Issues management
Procurement
You can also take our advanced training on key topics:

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